16. Do I have any obligations to the public/my community?
Posted: Mon Jan 20, 2025 8:08 am
No, if the sole purpose of your post is to provide information about a product for which you have not and will not receive any compensation.
Yes, the law requires you to specify the commercial nature of your content and to ensure that the product you are advertising is not fictitious .
You will find all the necessary information on general commercial law on the website entreprendre.service-public.fr.
17. How do I indicate the commercial nature of my content?
You must indicate the commercial or advertising nature of y cmo email lists our content or publication using the words "advertising" or "commercial collaboration . "
This notice must appear clearly, legibly and identifiably in your publication for the duration of the promotion .
You must also clearly identify the advertiser/brand on whose behalf the commercial communication is carried out.
Most platforms now offer a feature to specify whether content is commercial or advertising-based. Use it.
Please note: failure to include the words “advertising” or “commercial collaboration” in a communication may constitute a “deceptive commercial practice”, punishable by two years in prison and a fine of 300,000 euros.
18. How much can I praise a product or service?
Your sales pitches and promises must be true and verifiable . You cannot promote qualities (“made in France”, “natural”, etc.), benefits or results (“good for your health”, “lose 10 kg in a month”, “earn 5000 euros”, etc.) if you cannot justify them .
It is also prohibited to claim that a product or service increases the chances of winning at gambling .
It is also prohibited to promote, directly or indirectly, products, procedures, techniques and methods that are presented as comparable, preferable or substitutable to procedures, protocols or therapeutic prescriptions.
Promotions involving (most) non-domestic animals, except for zoos, are also prohibited.
Finally, marketing communications that are based on false claims or claims that you cannot prove are also deceptive trade practices.
19. What products and services can I not promote?
As influencers, you may be contacted by brands to promote their products and respect the clauses of the contract that binds you to these brands (the advertisers).
However, it is strictly forbidden to promote counterfeit products or services . Counterfeiting may concern any type of product (medicines, clothing, toys, cosmetics, perfumes, etc.), or any creation (video, music, image, logo, etc.). Counterfeiting is considered to be any violation of an intellectual property right within the meaning of Articles L335-2, L513-4, L521-1, L613-3 and L613-4, and L713-2 of the French Intellectual Property Code.
Influencer marketing, like any commercial practice, must also comply with the following principles and specific provisions regarding the promotion of certain goods or services .
On the Internet, as everywhere else, advertising is regulated and the same rules apply. They apply in particular to the promotion of the following products, which are particularly regulated :
digital assets (cryptoassets, etc.), public offerings of tokens and provision of services related to digital assets , subject to prior authorization by the AMF (registration and/or authorization);
games of chance and betting , only on platforms that allow minors to be excluded from their distribution and for which the prohibition of gambling by minors must be mentioned (in addition to the general provisions of Title II of the Internal Security Code;
alcoholic beverages (Articles L.3323-2 to L.3323-4 of the Public Health Code);
Medicinal products for human use (Articles L. 5122-1 to 16 of the French Public Health Code);
medical devices (articles L.5213-1 to 7 of the French Public Health Code).
In addition, advertising is prohibited for:
tobacco and tobacco products, electronic cigarettes and nicotine products;
prescription drugs;
risky financial products, as defined in Article L.533-12-7 of the French Monetary and Financial Code (in which you can lose all or part of your money);
Subscriptions to sports predictions and tips.
Yes, the law requires you to specify the commercial nature of your content and to ensure that the product you are advertising is not fictitious .
You will find all the necessary information on general commercial law on the website entreprendre.service-public.fr.
17. How do I indicate the commercial nature of my content?
You must indicate the commercial or advertising nature of y cmo email lists our content or publication using the words "advertising" or "commercial collaboration . "
This notice must appear clearly, legibly and identifiably in your publication for the duration of the promotion .
You must also clearly identify the advertiser/brand on whose behalf the commercial communication is carried out.
Most platforms now offer a feature to specify whether content is commercial or advertising-based. Use it.
Please note: failure to include the words “advertising” or “commercial collaboration” in a communication may constitute a “deceptive commercial practice”, punishable by two years in prison and a fine of 300,000 euros.
18. How much can I praise a product or service?
Your sales pitches and promises must be true and verifiable . You cannot promote qualities (“made in France”, “natural”, etc.), benefits or results (“good for your health”, “lose 10 kg in a month”, “earn 5000 euros”, etc.) if you cannot justify them .
It is also prohibited to claim that a product or service increases the chances of winning at gambling .
It is also prohibited to promote, directly or indirectly, products, procedures, techniques and methods that are presented as comparable, preferable or substitutable to procedures, protocols or therapeutic prescriptions.
Promotions involving (most) non-domestic animals, except for zoos, are also prohibited.
Finally, marketing communications that are based on false claims or claims that you cannot prove are also deceptive trade practices.
19. What products and services can I not promote?
As influencers, you may be contacted by brands to promote their products and respect the clauses of the contract that binds you to these brands (the advertisers).
However, it is strictly forbidden to promote counterfeit products or services . Counterfeiting may concern any type of product (medicines, clothing, toys, cosmetics, perfumes, etc.), or any creation (video, music, image, logo, etc.). Counterfeiting is considered to be any violation of an intellectual property right within the meaning of Articles L335-2, L513-4, L521-1, L613-3 and L613-4, and L713-2 of the French Intellectual Property Code.
Influencer marketing, like any commercial practice, must also comply with the following principles and specific provisions regarding the promotion of certain goods or services .
On the Internet, as everywhere else, advertising is regulated and the same rules apply. They apply in particular to the promotion of the following products, which are particularly regulated :
digital assets (cryptoassets, etc.), public offerings of tokens and provision of services related to digital assets , subject to prior authorization by the AMF (registration and/or authorization);
games of chance and betting , only on platforms that allow minors to be excluded from their distribution and for which the prohibition of gambling by minors must be mentioned (in addition to the general provisions of Title II of the Internal Security Code;
alcoholic beverages (Articles L.3323-2 to L.3323-4 of the Public Health Code);
Medicinal products for human use (Articles L. 5122-1 to 16 of the French Public Health Code);
medical devices (articles L.5213-1 to 7 of the French Public Health Code).
In addition, advertising is prohibited for:
tobacco and tobacco products, electronic cigarettes and nicotine products;
prescription drugs;
risky financial products, as defined in Article L.533-12-7 of the French Monetary and Financial Code (in which you can lose all or part of your money);
Subscriptions to sports predictions and tips.